T 0854/09 of 11.03.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T085409.20110311
- Date of decision
- 11 March 2011
- Case number
- T 0854/09
- Petition for review of
- -
- Application number
- 00302512.9
- IPC class
- F04D 19/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Magnetic bearing device and a vacuum pump equipped with the same
- Applicant name
- Edwards Japan Limited
- Opponent name
- Pfeiffer Vacuum GmbH
LEVITEC GmbH/Lust Antriebstechnik GmbH - Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1)European Patent Convention Art 113(1)European Patent Convention Art 116European Patent Convention Art 56
- Keywords
- Inventive step (yes) (second auxiliary request)
Apportionment of costs (yes) - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0301/12
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to maintain the patent as amended in the following version:
Claims: 1-6 according to the second auxiliary request filed with the grounds of appeal
Description: Columns 1-4 and 7-8 as filed during the oral proceedings before the Board
Columns 5-6 of the patent specification
Drawings: Figures 1-6 of the patent specification.
3. The Appellant shall bear 50% of the costs incurred by both respondents for the preparation, travel, accommodation and attendance of one representative each in respect of the second oral proceedings in opposition.